- (a) If a party requests a withdrawal of an appeal either during a hearing or in writing received by the Commission at any time before a final decision is issued, the hearing officer shall grant the request for withdrawal and issue an order of dismissal. The request for a withdrawal shall be sent to the Appeals Department, Texas Workforce Commission, 101 East 15th Street, Austin, Texas 78778-0001 unless otherwise provided in the determination.
- (b) If the hearing officer believes the appellant was improperly induced or influenced to withdraw the appeal, prior to granting the withdrawal and dismissing the appeal, the hearing officer must advise the appellant to reconsider withdrawing the appeal.
- (c) If a party dies during the appeal process, the legal representative of the decedent's estate must pursue the appeal or the hearing officer may consider the appeal withdrawn.
Source Note:The provisions of this §823.33 adopted to be effective May 8, 1998, 23 TexReg 4320.